DVD Copy Control v. Bunner

Filed 10/15/03

IN THE SUPREME COURT OF CALIFORNIA





DVD COPY CONTROL
ASSOCATION, INC.
Plaintiff and Respondent,
S102588
v.
) Ct.App.
6
H021153
ANDREW BUNNER,
Santa Clara County
Defendant and Appellant.
) Super. Ct. No. CV786804
___________________________________ ) MODIFICATION OF OPINION

BY THE COURT:
The opinion herein, filed August 25, 2003, appearing at 31 Cal.4th 864, is
modified as follows:


On page 872, the third sentence of the second full paragraph on that page is
deleted and in its place is inserted the following sentence: “Despite receiving these
notices, many of these Web sites refused to remove the information.”


This modification does not affect the judgment.
Opinion Information
Date: Docket Number:
Wed, 10/15/2003 S102588M
Parties
1 Aclu Foundation Of Northern California, Inc. (Amicus curiae)
125 Broad Street (attn: Ann Beeson)
New York, NY 10004
Represented by Ann Brick
American Civil Liberties Union Foundation Of No Ca
1663 Mission Street, Suite 460
San Francisco, CA
2 American Federation Of Musicians (Amicus curiae)
c/o Janet Fisher, Williams & Connolly LLP
725 Twelfth St., N.W.
Washington, DC 20005
3 American Federation Of Television & Radio Artists (Amicus curiae)
c/o Roger Milgrim, Paul, Hastings et al
75 E. 55th St.
New York, NY 10022
4 Bunner, Andrew (Defendant and Appellant)
Represented by Allonn Emanuel Levy
Hopkins & Carley
70 South First St.
San Jose, CA
5 Bunner, Andrew (Defendant and Appellant)
Represented by Thomas Edward Moore
Tolinson Zisko et al
200 Page Mill Road, 2nd Floor
Palo Alto, CA
6 Bunner, Andrew (Defendant and Appellant)
Represented by James R. Wheaton
Environmental Law Foundation
1736 Franklin St., 9th Floor
Oakland, CA
7 Computer Professionals For Social Responsibility (Amicus curiae)
Represented by Jennifer S. Granick
Computer Professionals for Social Responsibility
559 Nathan Abbott Way, Crown Quadrangle
Stanford, CA
8 Dvd Copy Control Association (Plaintiff and Respondent)
Represented by Jared Ben Bobrow
WEIL, GOTSHAL & MANGES, LLP
201 Redwood Shores Parkway
Redwood Shores, CA
9 Dvd Copy Control Association (Plaintiff and Respondent)
Represented by Christopher J. Cox
Weil, Gotshal & Manges
201 Redwood Shores Parkway
Redwood Shores, CA
10 Dvd Copy Control Association (Plaintiff and Respondent)
Represented by Robert B. Sugarman
Weil, Gotshal & Manges LLP
767 Fifth Ave.
New York, NY
11 Intellectual Property Law Professors (Amicus curiae)
c/o Jennifer M. Urban, Samuelson Law Clinic
Univ. of Cal., 396 Simon Hall
Berkeley , CA 94720
12 Intellectual Property Owners Association (Amicus curiae)
Represented by James Henry A. Pooley
Milbank, Tweed et al
630 Hansen Way, 2nd Fl.
Palo Alto, CA
13 Lockyer, Bill (Amicus curiae)
Represented by Regina Jaynell Brown
Deputy Attorney General
1515 Clay St., 20th Fl.
Oakland, CA
14 Microsoft Corporation (Amicus curiae)
Represented by Richard Allen Epstein
Univ. Of Chicago Law School
1111 East 60th St.
Chicago, IL
15 Motion Picture Association Of America (Amicus curiae)
Williams & Connolly, LLP
725 Twelfth Street, N.W.
Washington, DC 20005
Represented by Daniel Ernest Robbins
Graham & James
15503 Ventura Blvd.
Encino, CA
16 Silha Center For Study Of Media Ethics & Law (Amicus curiae)
attn: Jane Kirtley, University of Minnesota
206 Church St. SE, 111 Murphy Hall
Minneapolis, MN 55455
Disposition
Aug 25 2003 Opinion: Reversed
Dockets
Dec 4 2001 Petition for review filed
Respondent DVD Copy Control Association
Dec 4 2001 Record requested
Dec 5 2001 Received Court of Appeal record
2-file jackets, briefs and 2-accordion folders
Dec 24 2001 Answer to petition for review filed
by counsel for RPI
Jan 25 2002 Time extended to grant or deny review
to and including March 4, 2002.
Feb 20 2002 Petition for Review Granted (civil case)
Votes: George, CJ., Baxter, Chin, Brown, and Moreno, JJ. Kennard, J., was recused and did not participate.
Mar 25 2002 Opening brief on the merits filed
by counsel for resp DVD (timely per Rule 40k)
Apr 3 2002 Request for extension of time filed
for aplt to file the answer brief on the merits, to 5-22.
Apr 10 2002 Extension of time granted
to 5-22-02 for aplt Bunner to file the answer brief on the merits. No further extensions will be granted.
May 22 2002 Answer brief on the merits filed
Appellant [ Bunner ]
Jun 12 2002 Reply brief filed (case fully briefed)
by resp. (timely per Rule 40k)
Jul 3 2002 Request for extension of time filed
by Attorney General to August 2, 2002 to file amicus curiae brief.
Jul 8 2002 Extension of time granted
to 8-2-02 for the A.G. to file the amicus curiae brief. Any answers to the A/C brief maybe filed by 8/22/02.
Jul 11 2002 Received application to file amicus curiae brief; with brief
by Intellectual Property Law Professors, Computer & Communications Industry Assn., and the U.S Public Policy Committee of the Assn. for Computing Machinery.
Jul 11 2002 Received application to file amicus curiae brief; with brief
by the Intellectual Property Owners Assn. in support of resp.
Jul 11 2002 Received application to file amicus curiae brief; with brief
by Computer Professionals for Social Responsibility.
Jul 11 2002 Received application to file amicus curiae brief; with brief
by ACLU and Silha Center for Study of Media Ethics in support of aplt.
Jul 11 2002 Received application to file amicus curiae brief; with brief
by Microsoft Corp., Ford Motor Co., Boeing Co., AOL Time Warner Inc., BellSouth Corp., Sears Roebuck Co., Proctor& Gamble Co., Coca-Cola Co., and the Nat. Assn. of Manufacturers in support of resp.
Jul 11 2002 Received application to file amicus curiae brief; with brief
by Motion Picture Assn. of America, American Federation of Musicians, et al, in support of resp. with Notice of Lodging Non-Calif. Authorities in support of A/C brief.
Jul 19 2002 Permission to file amicus curiae brief granted
by Intellectual Property Law Professors et al. Any answers may be filed w/in 20 days.
Jul 19 2002 Amicus Curiae Brief filed by:
Intellectual Property Law Prof. et al.
Jul 19 2002 Permission to file amicus curiae brief granted
by Intellectual Property Owners Assn. in support of resp. Answers w/in 20 days.
Jul 19 2002 Amicus Curiae Brief filed by:
Intellectual Prop. Owners Assn. in suppt of resp
Jul 19 2002 Permission to file amicus curiae brief granted
by Computer Professionals For Social Responsibility. Answers w/in 20 days.
Jul 19 2002 Amicus Curiae Brief filed by:
Computer Prof. for Social Responsibility
Jul 19 2002 Permission to file amicus curiae brief granted
by American Civil Liberties Union et al in support of aplt. Answers w/in 20 days.
Jul 19 2002 Amicus Curiae Brief filed by:
A.C.L.U. et al in suppt of aplt.
Jul 19 2002 Permission to file amicus curiae brief granted
by Microsoft Corp et al in support of resp. Answers w/in 20 days.
Jul 19 2002 Amicus Curiae Brief filed by:
Microsoft Corp. et al in suppt of resp.
Jul 19 2002 Permission to file amicus curiae brief granted
by Motion Picture Association of America et al in support of resp. Answers w/in 20 days.
Jul 19 2002 Amicus Curiae Brief filed by:
Motion Picture Assn. of America et al in suppt of resp. One vol. of non-Calif. authorities lodged herewith.
Jul 31 2002 Application to appear as counsel pro hac vice (granted case)
by David E. Kendall (for A/C Motion Picture Assn. of America et al)
Jul 31 2002 Application to appear as counsel pro hac vice (granted case)
by Roger Milgrim for amicus curiae Motion Picture Association of America et al.
Aug 2 2002 Amicus Curiae Brief filed by:
Attorney General Lockyer in support of respondent
Aug 5 2002 Received letter from:
Hitachi Data Systems (non-party)
Aug 5 2002 Received letter from:
AOL Time Warner (non-party)
Aug 7 2002 Application to appear as counsel pro hac vice granted
by Roger M. Milgrim for amicus curiae
Aug 7 2002 Application to appear as counsel pro hac vice granted
David E. Kendall for amicus curiae
Aug 8 2002 Response to amicus curiae brief filed
counsel for respondent (DVD Copy Control) to amicus curiae briefs in support of appellant (A. Bunner).
Aug 9 2002 Response to amicus curiae brief filed
by counsel for appellant (A. Bunner) to amicus briefs in support of respondent. (40k)
Aug 22 2002 Response to amicus curiae brief filed
by aplt to amicus brief of A.G.
Feb 7 2003 Motion to Dismiss filed
(for mootness) by aplt
Feb 11 2003 Request for extension of time filed
By counsel for Respondent {DVD Copy Control Asson. INC.,} asking until February 25, 2003 to file Respondent's Response to Appellant's Motion to Dismiss for Mootness.
Feb 14 2003 Extension of time granted
To February 25, 2003 to file Respondent's Answer to Appellant's Motion to Dismiss for mootness.
Feb 25 2003 Filed:
Resp DVD's opposition to motion to dismiss.
Mar 5 2003 Received document entitled:
Deft. Bunner's reply in support of his motion to dismiss for mootness.
Apr 30 2003 Case ordered on calendar
5-29-03, 9am, S.F.
May 14 2003 Motion to dismiss denied
Defendant Andrew Bunner's Motion to Dismiss for Mootness is denied. Kennard, J., and Chin, J., were recused and did not participate. Moreno, J., is of the opinion the motion should be granted.
May 23 2003 Filed letter from:
Robert Sugarman, counsel for resp, notifying court that he wishes to allocate 10 min. of oral argument to A.G. Bill Lockyer. (faxed)
May 23 2003 Order filed
The letter filed by counsel for respondent DVD Copy Control Assn. on May 23, 2003, is treated as a request to divide oral argument time under Calif. Rules of Court, rule 29.2(f)(2). The request to allocate 10 minutes of its oral argument time to amicus curiae Attorney General of California is granted.
May 23 2003 Application to appear as counsel pro hac vice (granted case)
by Robert G. Sugarman for respondent
May 23 2003 Application to appear as counsel pro hac vice granted
The application of Robert. G Sugarman to appear as pro hac vice for resp at oral argument is granted.
May 29 2003 Cause argued and submitted
May 29 2003 Filed:
by counsel for petitioner (Bunner) Substitution of Attorney. former legal rep. HS Law Group new legal rep. Allonn E. Levy, Esq.
Aug 25 2003 Opinion filed: Judgment reversed
and remanded for further proceedings consistent with the opinion. Majority Opinion by Brown, J. --------joined by George, C.J., Baxter, Rivera*, Robie*, JJ. (*assigned justices) Concurring opinion by Werdegar, J. Concurring opinion by Moreno, J.
Sep 8 2003 Rehearing petition filed
by aplt
Sep 15 2003 Time extended to consider modification or rehearing
to and including November 21, 2003, or the date upon which rehearing is either granted or denied, whichever occurs first.
Sep 16 2003 Answer to rehearing petition filed
by counsel for respondent (DVD Copy Control Assoc., Inc.)
Oct 15 2003 Rehearing denied
Kennard, J., was recused and did not participate. Baxter, J., was absent and did not participate. Chin, J., was recused and did not participate.
Oct 15 2003 Opinion modified - no change in judgment
Oct 15 2003 Remittitur issued (civil case)
Oct 24 2003 Note:
records returned to CA 6
Briefs
Mar 25 2002 Opening brief on the merits filed
May 22 2002 Answer brief on the merits filed
Jun 12 2002 Reply brief filed (case fully briefed)
Jul 19 2002 Amicus Curiae Brief filed by:
Jul 19 2002 Amicus Curiae Brief filed by:
Jul 19 2002 Amicus Curiae Brief filed by:
Jul 19 2002 Amicus Curiae Brief filed by:
Jul 19 2002 Amicus Curiae Brief filed by:
Jul 19 2002 Amicus Curiae Brief filed by:
Aug 2 2002 Amicus Curiae Brief filed by:
Aug 8 2002 Response to amicus curiae brief filed
Aug 9 2002 Response to amicus curiae brief filed
Aug 22 2002 Response to amicus curiae brief filed

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